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tdlawyer, Lawyer

Category: Law

Satisfied Customers: 1096

Experience: 11 years experience of general practice.

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I have a drainpipe outside my house which was in place when

Customer Question

I have a drainpipe outside my house which was in place when I moved in 7 years ago, my next door neighbour is now complaining about it being a nuisance to her and is causing damp to her side. Am I legally bound to fix it to her wishes after all this time?

Is the drainpipe actually leaking or causing some problem that is making her wall damp?

JACUSTOMER-vjvkcrfn- :

No but at the bottom the water goes over her side because her drive is lower

tdlawyer :

Is this natural drainage that goes into her land, as opposed to a defect with the drainage?

JACUSTOMER-vjvkcrfn- :

Yes it's just rainwater

JACUSTOMER-vjvkcrfn- :

There isn't a drain at the bottom of the pipe just a concrete groove that runs down our drives to the drain in the road, but it does go mainly on hers

tdlawyer :

If the water flows natually into her land, e.g off the roof, or through the ground, there is no general right for a neighbour to prevent that. If it is channeled on your land and then gets directed into hers, then potentially, she can force you to take steps to prevent that.

tdlawyer :

Technically, that might be something she can force you to take steps to prevent, because it is chanelled through the downpipe and then ought to be discharged into a drain.

JACUSTOMER-vjvkcrfn- :

Even though it was like it before I moved in?

tdlawyer :

Yes.

JACUSTOMER-vjvkcrfn- :

Ok thankyou for your help

tdlawyer :

You could try and argue that it's been like that for too lond (potentially in excess of 7 years) and hence they are prevented from taking action now, but I doubt that argument is a good one because it is a continuing nuisance at law.

tdlawyer :

You're welcome.

tdlawyer :

(sorry, "lond" meant "long")

tdlawyer :

Would you mind rating the answer for me before leaving the chat please? If you need more information on this, just let me know.

JACUSTOMER-vjvkcrfn- :

No problem

tdlawyer :

Thank you. Have a great day.

tdlawyer :

Would you rate the answer for me please - it's a very important part of our online process on the site.

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